RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01388
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to a general (under honorable conditions) or an honorable discharge.

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APPLICANT CONTENDS THAT:

He entered the Air Force at the age of 17½  years.  He indicates that he only had an eighth grade education and was not prepared for the world.

In support of his appeal, the applicant provided a copy of his Enlistment or Induction Record, Record of Trials by Courts Martial, and other documentation.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Portions of the applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.  The available records indicate the following.

The applicant enlisted in the Army Air Corps on 5 September 1947 in the grade of private for a period of three years.

On 9 September 1948, the applicant was convicted by a special court-martial for the following offense:

Specification:  The applicant did without proper leave, absent himself from his organization and station from on or about 25 May 1948 to on or about 11 July 1948.

The applicant was found guilty of the specification.  He was sentenced to confinement at hard labor for one month and a forfeiture of $50.00 per month for one month.

The sentence was approved on 9 September 1948.
On 10 January 1951, the applicant was convicted by a summary court-martial for the following offense:

Charge:  Violation of the 61st Article of War.

Specification:  He did without proper leave, absent himself from his place of duty from about 3 January 1951 to about 7 January 1951.

The applicant was found guilty of the specification and charge.  He was sentenced to confinement at hard labor for 20 days and a forfeiture of $59.00.

The sentence was approved on 11 January 1951.

On 21 January 1951, Special Orders #6 indicates that the sentence was found excessive and so much of the sentence as exceeded confinement at hard labor for 20 days and forfeiture of $58.00 was vacated.

On 16 February 1951, the applicant was convicted by a summary court-martial for the following offenses:

Charge I:  Violation of the 61st Article of War.

Specification I:  The applicant did without proper leave, absent himself from his duty, from about 10 February 1951 to about 13 February 1951.

Charge II:  Violation of the 96th Article of War.

Specification II:  The applicant having been restricted to the limits of Itazuke Air Base, did, on or about 10 February 1951, break said restriction by going to Fukuoka, Japan.

The applicant was found guilty of all specifications and charges.  He was sentenced to confinement at hard labor for 30 days and a forfeiture of $58.00.

The sentence was approved on 17 February 1951.

On 10 April 1951, the applicant was convicted by a summary court-martial for the following offense:

Charge:  Violation of the 61st Article of War.

Specification:  The applicant did without proper leave, absent himself from his duty, from about 2300 hours 5 April 1951 to about 0530 hours 7 April 1951.

The applicant was found guilty of the specification and charge.  He was sentenced to confinement at hard labor for 30 days and a forfeiture of $63.00.

The sentence was approved on 10 April 1951.

On 9 June 1951, the applicant was convicted by a summary court-martial for the following offense:

Charge:  Violation of the Uniform Code of Military Justice, Article 86.

Specification:  The applicant did without proper leave, absent himself from his organization, and did remain so absent until on or about 8 June 1951.

The applicant was found guilty of the specification and charge.  He was sentenced to confinement at hard labor for 30 days and a forfeiture of $50.00.

The sentence was approved on 12 June 1951.

The discharge file is not available for review.

On 12 July 1951 the applicant was discharged in the grade of private with an undesirable discharge, under the provisions of AFR 39-17.  He served 3 years, 4 months, and 28 days total active service with 160 days of lost time.

A Federal Bureau of Investigation, dated 1 May 1966 indicates that on 11 January 1956 the applicant was arrested and charged for a lewd and indecent act.  He was sentenced to 30 days confinement.  On 7 March 1956 he was charged with violation of the Mann Act.  He received three years probation.  On 14 March 1956 he was charged with the White Slave Traffic Act and was sentenced to three years probation.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, they indicated that they were unable to identify with an arrest record on the basis of information furnished - Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated that based upon the limited documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation in effect at the time.  Additionally, the discharge was within the discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting an upgrade of his discharge.  He did not file a timely request.

The evaluation is at Exhibit D. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 May 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

On 4 August 2003, the Board staff requested the applicant provide post-service documentation within 14 days.  As of this date, no response has been received by this office (Exhibit F).

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's discharge was proper and in compliance with appropriate directives.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

4.	Although the applicant did not specifically request consideration based on clemency, we also find insufficient evidence to warrant a recommendation that the discharge be upgraded on that basis.  While the current FBI is clean, a previous FBI reflects misconduct subsequent to his discharge.  Therefore, based on the evidence of record, we cannot conclude that clemency is warranted.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01388 in Executive Session on 4 September 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 April 2003, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report - Negative.
   Exhibit D.  Letter, AFPC/DPPRS, dated 19 May 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 30 May 2003.
   Exhibit F.  Letter, AFBCMR, dated 4 August 2003, w/atch.